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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 134   View pdf image (33K)
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134 Assembly Proceedings, March 13, 17 32/3- April 12, 1733.

Session
Laws

oner or Prisoners; which said Sheriff shall forthwith accordingly
discharge the same from his Custody.
And whereas several Persons are now in Prison, for Debt, who
before the Meeting of this present General Assembly, have con-
tinued so for Forty Days, and upwards, who always since their
first Imprisonment, have been, and now are, willing to yield, sur-

p. 41

render, and give up, for the Use of his or their Creditors, all their
Estate, Goods, Debts, or Effects, pursuant to the Directions of this
Act of Assembly, and to take the last Oath, or Affirmation, in this
Act prescribed :
Be it therefore Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That it shall and may be lawful
for any such Person or Persons, who are now in Prison for Debt,
and who before the Meeting of this present General Assembly, have
continued so for Forty Days, and upwards, at any Time after the
End of this present Session of Assembly, to deliver to the Sheriff of
the County where such Prisoner is kept in Prison, an Inventory of
his whole Estate, and to lodge with the Clerk of that County Court,
a Copy .of the said Inventory, with a Copy of the last mentioned
Oath, in this Act mentioned, certified by One or Two of the Justices
of the Peace of that County, to have been taken by such Prisoner,
before him or them, and cause publick Notice to be left at the Court-
house, Churches, Chapels, and all other publick Places within the
said County, for all their Creditors, at any Time, not being less than
Twenty Days after the Date of the said Publication, to appear at
the Court-house where the Debtor is detained in Prison, before
Two or Three Justices of the Peace of the said County, whom the
Sheriff of the said County is hereby required to summon, on Request
of such Prisoner or Prisoners, to make Choice and appoint a Trus-
tee or Trustees as aforesaid; and in case of such Appointment not
being made, as aforesaid, then the Sheriff of such County to take and
receive such Debtors Estate into his or their Charge; and cause
the same to be inventoried, appraised, and valued: And the said
Debtors are hereby ordered and directed, to convey, assign, transfer,
and make over, to the Trustee or Trustees, so to be appointed by the
Creditors of such Debtor or Debtors, and for want of such Appoint-
ment, to the Sheriff of that County, for the Use of the said Creditors,
all such their Estate, Interest, or Claim, after such Manner as the
said Trustee or Trustees, or the Sheriff aforesaid, or his or their
Council learned in the Law, shall reasonable devise or require, at the
Cost and Charges of such Person or Persons as shall claim the
Benefit thereof, so always as such Prisoners be not burthened with
any Warrantys thereof, other than from themselves, or those that
claim by, from, or under them; with an Account, to such Trustee
or Trustees, or Sheriff, as aforesaid, of their Debts due from such



 
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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 134   View pdf image (33K)
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